31
2.68. These international environmental agreements further support
the Honorable Commission’s exercise of authority to investigate the human
rights harms resulting from climate change and the ways in which the
respondents have caused or contributed to these harms. For example, the
Paris Agreement -- signed in April 2016 and ratified in December 2016 -explicitly acknowledges that Parties should take human rights into account
when taking climate action, e.g. mitigation and adaptation, to wit:
“Acknowledging that climate change is a
common concern of humankind, Parties should, when
taking action to address climate change, respect,
promote and consider their respective obligations on
human rights, the right to health, the rights of
indigenous peoples, local communities, migrants,
children, persons with disabilities and people in
vulnerable situations and the right to development, as
well as gender equality, empowerment of women and
intergenerational equity.”124
2.69. On 07 November 2016, President Rodrigo Duterte, pledged to
honor the Paris Agreement after an almost unanimous vote by his
Cabinet.125 The commitments set forth in the Paris Agreement -- including
the human rights reference -- provide clear policy reference to the
Commission on the need to take human rights into account in all climate
actions, thus strengthening petitioners’ position that the Honorable
Commission has the authority to conduct this national public inquiry.
2.70. In addition, for the reasons discussed below, the Honorable
Commission has authority to investigate the acts of the respondent Carbon
Majors based on the territoriality principle and, by extension, the effects
doctrine. The United Nations International Law Commission in Appendix E
to its 2006 Report (“ILC Report”) authoritatively summarizes the relevant
principles of extraterritorial jurisdiction under international law.126
2.71. As described by the International Bar Association, the “starting
point for jurisdiction is that all states have competence over events occurring
and persons (whether nationals, residents or otherwise) present in their
territory. This principle, known as the ‘principle of territoriality,’ is the
most common and least controversial basis for jurisdiction. In addition,
124
supra., note 123.
Ramos, M. Duterte to Sign Paris Climate Pact, 08 November 2016, available at
https://globalnation.inquirer.net/149132/duterte-to-sign-paris-climate-pact, last accessed on 08 February
2017.
126
Report of the International Law Commission on the work of its fifty-eighth session, V, pp. 516-540,
available at: http://legal.un.org/ilc/reports/2006/, last accessed on 06 February 2017.
125
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